ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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pj1
03-24 12:11 PM
Hi,
I am on an L1B visa which is valid till 2013.I want to know different options available if i wish to get an H1B visa.
Thanks
I am on an L1B visa which is valid till 2013.I want to know different options available if i wish to get an H1B visa.
Thanks
webm
03-17 04:03 PM
"Eb3 India PD of May 2001"---optimystic
You should have got GC by now right??
You should have got GC by now right??
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acecupid
07-03 12:17 PM
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
Problem is not country quota, its the ones with families!!! ><
I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
more...
mariner5555
02-14 06:31 AM
Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
retrohatao
02-14 10:23 AM
eb3_nepa,
FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
http://immigrationportal.com/showthread.php?t=174845
It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.
You will realize how big a problem when you reach there.
Logiclife,
This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.
There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
Good luck if you guys think it is a "sub issue"
FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
http://immigrationportal.com/showthread.php?t=174845
It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.
You will realize how big a problem when you reach there.
Logiclife,
This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.
There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
Good luck if you guys think it is a "sub issue"
more...
abhijitp
07-24 01:35 PM
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form.
Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!
OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!
OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
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pappu
12-27 10:02 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
more...
wizkid732
07-29 01:44 PM
you crack me up. You seem to be really pissed off and dont want to listen right now beating around the same point. Take a deep breath, calm down and think about reality.
An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.
Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.
I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.
Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.
I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
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chanduv23
02-17 11:17 AM
I am volunteering to coordinate the collection and redemption of airline miles.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
more...
jetflyer
07-02 09:31 AM
IV core may or may not support this because it is different path then what IV core is working since long.
And Yes online petitions takes more to make impact
but it doesn't hurt to try
So I am with you .....Support!
And Yes online petitions takes more to make impact
but it doesn't hurt to try
So I am with you .....Support!
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pdakwala
04-22 04:11 PM
First we would like to thank you everyone who took some time off on Saturday evening and attended the event in San Jose. We also thanks Jay who came to San Jose to attend this event from Reno. The event took approximatly one and half to two hour. Majority of the People from our community left after 45 to 60 minutes. Very few people had stayed for the entire event.
There are some members who were upset and had made statements on this forum saying that the entire event was for illegal immigrants and they don't know why they went. Please note that the STRIVE ACT does not have only our provisions. The STRIVE ACT is 700+ page bill and there are several provision for other immigrant community. It will be unfair if we expect every senator and congressman to mention legal immigration whenever they are giving a speech. If the senator or congressman does not say anything about the legal immigration in their speech, that does not mean that they does not support us. Immigration Voice core group is requesting everyone to be polite and have patience.
After the event was over (as per the plan) myself and Jay got an opportunity to speak with Congressman Gutierrez. Congressman and his Deputy Chief of Staff have asked us to convey to everyone that they appretiate the effort that all our members took by making themselves available for this event. Congressman have told us that he fully support legal immigration and his bill will solve the issues that we are facing.
There are some members who were upset and had made statements on this forum saying that the entire event was for illegal immigrants and they don't know why they went. Please note that the STRIVE ACT does not have only our provisions. The STRIVE ACT is 700+ page bill and there are several provision for other immigrant community. It will be unfair if we expect every senator and congressman to mention legal immigration whenever they are giving a speech. If the senator or congressman does not say anything about the legal immigration in their speech, that does not mean that they does not support us. Immigration Voice core group is requesting everyone to be polite and have patience.
After the event was over (as per the plan) myself and Jay got an opportunity to speak with Congressman Gutierrez. Congressman and his Deputy Chief of Staff have asked us to convey to everyone that they appretiate the effort that all our members took by making themselves available for this event. Congressman have told us that he fully support legal immigration and his bill will solve the issues that we are facing.
more...
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bugmenot
07-16 06:17 PM
thats what is needed, someone needs to hit the numbers coz thats what talks here, calculate the amount that all the h1b's combined are paying/have paid so far, amount that directly benefits the social system , and the amount they will never see as they would have to leave
you have to showcase big big numbers i.e h1b tax is paying for so n so etc social dole etc, and that is the money that they have no gaurantee in ever benefetting from. thats the key
you have to showcase big big numbers i.e h1b tax is paying for so n so etc social dole etc, and that is the money that they have no gaurantee in ever benefetting from. thats the key
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conundrum
10-17 11:36 AM
Faxed and mailed!
more...
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abhijitp
07-24 12:16 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
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gimme_GC2006
07-15 11:09 AM
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
did you change your address recently ??
When did you get The Call.
Thanks
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
more...
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kumar1
12-11 11:15 AM
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
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gc03
07-24 09:02 AM
I totally agree with you. Excellent point.
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mallu
02-16 12:23 PM
......This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. ...
Currently, do chinese and Indians form a significant part of US population to affect diversity ? Just curious. I think one should start analyzing current US population and tabulate the % based on country of origin. Let us start with folks from UK, Italy, Ireland, Germany , Poland,..., India, China, ... . If it is found that some sections are less represented, let USA allow more into that category. True diversity.
Currently, do chinese and Indians form a significant part of US population to affect diversity ? Just curious. I think one should start analyzing current US population and tabulate the % based on country of origin. Let us start with folks from UK, Italy, Ireland, Germany , Poland,..., India, China, ... . If it is found that some sections are less represented, let USA allow more into that category. True diversity.
Pineapple
11-12 09:19 AM
Got my receipt letter from USCIS. The FOIA request has been put on the complex track.
By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..
By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..
lazycis
12-20 08:53 PM
Phew! I didn't know that I was out of status for an year. As I dig deep, I came to know how much trouble I am in now. If hope and pray that I wouldn't receive any RFE at the time when IO review my application. I didn't had any problem till now.
Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)
Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)
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